HUMBERSIDE FIRE meeting AUTHORITY TUESDAY, 17 APRIL2012 …€¦ · S Dennis, District Auditor, Audit Commission, 3 Leeds City Office Business Park, Holbeck, Leeds ... Bridlington

Fire & Rescue Service Headquarters Summergroves Way Kingston upon Hull HU4 7BB

Telephone 01482 567443 Facsimile 01482 567477 Email [email protected]

Secretary and Monitoring Officer Robin Graham LLB (Hons) Solicitor

Your Ref: Our Ref: RG/JS Enquiries to: Robin Graham Tel. Direct: (01482) 567443 Email: [email protected] Date: 5 April 2012

Dear Sir/Madam Kindly find attached a copy of the Agenda papers for the meeting of the HUMBERSIDE FIRE AUTHORITY to be held on TUESDAY, 17 APRIL 2012 at 10.30 A.M. at Humberside Fire & Rescue Service Headquarters, Summergroves Way, Kingston upon Hull. Meetings of the Humberside Fire Authority are open to the press and public. Please note, however, that the press and public will be excluded during the consideration of any reports disclosing exempt information as defined in Schedule 12 (A) of the Local Government Act 1972, as amended. If you require further information on this or any other meeting of the Fire Authority I can be contacted at the above address. Yours faithfully Robin Graham Secretary & Director of People Circulation: Full Sets: All Members of Humberside Fire Authority (22) Mrs J Clarke, D Hughes and J Jepson (Independent Members of the Governance and Standards Committee (3) (for information) Mrs G Hardy, Independent Member of Audit, Performance and Scrutiny Committee (for information) Chief Fire Officer & Chief Executive Deputy Chief Officer/Director of Operations Assistant Chief Officer/Director of Safety Secretary/Director of People Director of Finance/Section 151 Officer Head of Operations Response Head of Operations Support Head of Safety Head of Safety Support Head of Finance and Asset Management Head of Corporate Communications Head of HR

HUMBERSIDE

FIRE AUTHORITY

Full sets (continued) J Smith, Committee Manager x6 A Maltby, IT & IS Manager M Ransom, Finance Manager Yasmeen Mehmood, HW Controls & Assurance, 97 Lichfield Street, Tamworth, Staffordshire B79 7QF Ms J Rae, Audit Manager, Audit Commission S Dennis, District Auditor, Audit Commission, 3 Leeds City Office Business Park, Holbeck, Leeds LS11 5BD Unitary Authorities: Head of Democratic Services, East Riding of Yorkshire Council Head of Democratic Services, Hull City Council Head of Democratic Services, North Lincolnshire Council Head of Democratic Services, North East Lincolnshire Council Agenda Only: Notice Board, Fire Headquarters (2) Agenda and Non-exempt reports only: R Vaux, Chair, Humberside FBU R Walker, Brigade Secretary, Humberside FBU D Collingwood, Brigade Organiser, Humberside FBU M Adamson, Secretary, UNISON Agenda and Letter only:

Mr G Scott, Retained Firefighters Union Representative, 11 Maple Close, Brigg, North Lincolnshire DN20 9JE Press Organisations: [email protected] Lincs FM - [email protected] BBC Radio Lincolnshire - [email protected] BBC Look North - [email protected] BBC Radio Humberside - [email protected] Beverley Guardian - [email protected] [email protected] [email protected] Viking FM ([email protected]); Holderness Gazette ([email protected]); Hull Daily Mail ([email protected]); Hull Daily Mail ([email protected];) Hull Daily Mail ([email protected];) Hull Daily Mail ([email protected]); Hull Daily Mail – Newsdesk ([email protected] [email protected]; Bridlington Free Press ([email protected]); [email protected] [email protected]; Yorkshire Post ([email protected]); Pocklington Post ([email protected]); Driffield Post ([email protected]); Goole Times and Chronicle ([email protected]); Goole Courier ([email protected]) Grimsby Evening Telegraph ([email protected]) Scunthorpe Evening Telegraph ([email protected]) Epworth Bells & Crowle Advertiser ([email protected]) [email protected]

A G E N D A HUMBERSIDE FIRE AUTHORITY

Tuesday 17 April 2012

10.30 a.m.

Business Page Number Lead Primary Action

Requested

A OPEN AGENDA

1. Apologies for absence - Secretary/Director of People

To record

2. Declarations of Interest (Members and Officers)

- Secretary/Director of People

To declare and withdraw if prejudicial

3. Minutes of meeting of the Authority held on 13 February 2012

(pages 1-18)

Chairperson

To Approve

4. Petitions and Deputations in accordance with Rule 13, Part 4 of the Constitution


To receive

5. Communications as Chairperson or Secretary may desire to lay before the Authority.

- Chairperson/ Secretary/Director of People

To receive

6. Questions by Members (if any) in accordance with Rule 12, Part 4 of the Constitution


To receive

7. Minutes of Committees: (Note: ‘A’ denotes minutes approved as a correct record by the relevant committee, ‘D’ denotes yet to be approved)

- Chairperson To receive and approve any recommend-ations

(a) Governance and Standards Committee – 16 March 2012 (D)

(pages 19-26)

(b) Audit, Performance and Scrutiny Committee – 3 April 2012 (D)

(pages 27-34)

8. Executive Report

(pages 35-38) Chief Fire Officer & Chief Executive

To consider

HUMBERSIDE

FIRE AUTHORITY

9. Humberside Fire Authority Workstreams 2011/12 and Annual Report

(pages 39-52) Chairperson of Fire Authority

To approve

10. Annual Reports

(pages 53-54)

10.1 Governance and Standards Committee

(pages 55-68)

Chairperson of Committee

To approve

10.2 Policy and Executive Committee

(pages 69-82)


To approve

10.3 Audit, Performance and Scrutiny Committee

(pages 83-96)


To approve

10.4 Use of Delegated Authority by Chief Fire Officer/Chief Executive under Constitution

(pages 97-98)

Chief Fire Officer/Chief Executive

To approve

11. Development of the Service Vision

(pages 99-104) Chief Fire Officer/Chief Executive

To approve

12. Third Review of Corporate Governance – Draft Revised Constitution

(pages 105-108) Secretary/Director of People

To approve

13. Operations Response (Incidents of Special Interest)

(pages 109-116)

DCO/Director of Operations

To note

14. Service Performance Report for the 4th Quarter Period 1 April to 31 March 2012*1

(pages117-134) Chief Fire Officer/Chief Executive

To consider

15. Pay Policy Statement 2012/13 (pages 135-152) Secretary/Director of People

To approve

16. The Composition of the Fire Authority 2012/13


To approve

17. Member Attendance 2011/12 To Date


To consider

18. Corporate Risk /Opportunity Management


To consider and note

B EXEMPT BUSINESS

The Fire Authority is asked to consider excluding the press and public from the meeting during consideration of the following item on the grounds that it is likely to involve the disclosure of exempt information as defined in paragraphs 1,2 and 3 of Part 1 of Schedule 12A of the Local Government Act 1972. In making its decision, the Fire Authority is asked to confirm that, having regard to all circumstances, it is satisfied that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 19. Combined Operational Training

and Maintenance Facility – Update Report

(pages 173-180)

Director of Finance/ S.151 Officer and DCO/ Director of Operations

To approve

20. HFR Solutions – Management Arrangements

(pages 181-188) DCO/Director of Operations

To approve

Note *1 - Paper previously before Audit, Performance and Scrutiny Committee

Humberside Fire Authority 13 February2012

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HUMBERSIDE FIRE AUTHORITY

13 FEBRUARY 2012

PRESENT: Representing East Riding of Yorkshire Council: Councillors Engall, Hudson, Ibson, Jefferson JP, Mole, Moore and Skow Representing Kingston upon Hull City Council: Councillors Gardiner, Gemmell OBE, Glew, Ross, Shipley and Williams Representing North Lincolnshire Council: Councillors Briggs (Chairperson), Swift, Waltham and Wells Representing North East Lincolnshire Council: Councillors De Freitas, Hornby and Walker Mrs J Clarke (Independent Members of the Governance and Standards Committee and Mrs G Hardy (Independent Member of the Audit, Performance & Scrutiny Committee) attended as observers. Chief Fire Officer & Chief Executive, Deputy Chief Officer/Director of Operations, Secretary/Director of People, Director of Finance/Section 151 Officer and Committee Manager and Mr S Dennis (Audit Commission) were also present. Apologies for absence were received from Councillors Billard (4.Holiday) and Chapman MBE (6.Other reason. The Secretary/Director of People reported that Councillor Jefferson J.P. had indicated that she would arrive late. . The meeting was held at the Humberside Fire and Rescue Service Headquarters, Kingston upon Hull. Meeting commenced at 10.30 a.m. 3769 DECLARATIONS OF INTEREST – DECLARATIONS OF INTEREST – The following declarations were made:

Item

Member/Officer Interest

Members’ Allowances 2012/13 (Minute 3781 refers)

All Members present declared a personal interest but such an interest is not prejudicial as the consideration of allowances is a specific exemption under Section 10(2)(c)(iv) (The Local Authorities Model Code of Conduct Order 2007).

MINUTES OF FIRE AUTHORITY 3770 13 December 2011 - Resolved – That the minutes of the meeting of the Authority held on 13 December 2011, having been printed and circulated amongst the Members, be taken as read and correctly recorded and be signed by the Chairperson. 3771 13 January 2012 - The minutes of the Special Meeting of the Authority held on 13 January 2012 were submitted. A Member raised a Point of Order regarding the accuracy of Minute 3738 (Appointment of Deputy Chief Officer and Assistant Chief Officer) and stated that the minute was inaccurate in that the Amendment that was rejected only included parts (a) and (b); that

Agenda Item No. 3


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the original Motion was not put as a Substantive Motion and that parts (c) and (d) of the resolution were not voted on. The Secretary/Director of People stated that he had raised parts (c) and (d) at the meeting for clarification of the appointments process and therefore the minute was an accurate record. A Member stated that he did not recall part (d) being mentioned and believed that the appointment process would be carried out by the Appointments Committee. The Secretary/Director of People restated that he had raised the matter for clarification as normally the appointments process would be carried out by the Policy and Executive Committee in accordance with the Constitution. When an appointments committee was used to appoint the Chief Fire Officer/Chief Executive that took a number of weeks to constitute and the paper had set out grounds or urgency. The Chairperson stated that the concerns raised by the Member would be noted. Resolved – (a) That the minutes of the Special Meeting of the Authority held on 13 January 2012, having been printed and circulated amongst the Members, be taken as read and correctly recorded and be signed by the Chairperson, and (b) that the recommendation with regard to the appointment of an Assistant Chief Fire Officer be considered under Agenda item no. 21 (Minute 3792 below refers). 3772 PETITIONS AND DEPUTATIONS - The Secretary/Director of People stated that no petitions had been received and no requests for a deputation had been received under Rule 12, Part 4 of the Constitution. 3773 COMMUNICATIONS - The Secretary/Director of People stated that no communications had been received. 3774 QUESTIONS BY MEMBERS - The Secretary/Director of People stated that no questions had been received from Members in accordance with Rule 12, Part 4 of the Constitution. MINUTES OF COMMITTEES 3775 Governance and Standards Committee - The minutes of the Governance and Standards Committee held on 17 January 2012 were submitted. The Secretary/Director of People reported that he was aware that an Independent Member had raised concern that Minute 3751 (Inspection of Officer Registers) did not accurately record matters he had raised seeking clarification as to which Officer declarations were recorded in the Officer Registers and would be looking to amend Minute 3751 accordingly. The Secretary/Director of People reminded Members that the minutes were draft until they had been approved by the Committee and that the accuracy of the minutes would be considered at the next meeting of the Governance and Standards Committee. Resolved – (a) That the minutes of the Governance and Standards Committee held on 17 January 2012 be received, and (b) that Minute 3751 be referred back to the Governance and Standards Committee for clarification. 3776 Policy and Executive Committee - Resolved - That the minutes of the Policy and Executive Committee held on 20 January 2012 be received. 3777 Audit, Performance and Scrutiny Committee - Resolved – That the minutes of the Audit, Performance and Scrutiny Committee held on 31 January 2012 be received. 3778 EXECUTIVE REPORT - The Chief Fire Officer & Chief Executive submitted a report updating Members on the following issues:

NATIONAL ISSUES:

NJC Annual Report - The National Joint Council for Local Authority Fire and Rescue Services (NJC) has recently published its annual report for 2010/11 which was available to Members on request.


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Ageing Safely – National Strategy for Protecting Older People from Fire - The Chief Fire Officers’ Association (CFOA) had published a national strategy for protecting older people from fire known as “Ageing Safely”. Copies of “Ageing Safely” were available to Members on request. Whilst Humberside Fire and Rescue Service (HFRS) was using innovative approaches to influencing the behaviour of people vulnerable to fire the strategy was welcomed and would be used to inform the revised Community Protection Strategy which was due to be available for consultation in April 2012.

Police and Fire Reform Bill (Scotland) 2012 - The Bill proposed the formation of a

single Scottish Fire and Rescue Service (SFRS) to replace the existing eight fire and rescue services by Spring 2013, and a single Scottish Fire Authority with the power to appoint a Chief Officer. The Authority would be required to publish a three year strategic plan to be submitted to the Scottish Parliament for approval. Progress against that plan would be monitored by a Scottish Fire Service Inspectorate. The Authority would appoint a Local Senior Officer to manage the fire and rescue service in each local authority area and that officer would be required to produce a local Fire and Rescue Plan. Performance against the plan would be monitored by the Local Authority. The Chief Fire Officer would also be required to prepare an Annual Report. Whilst on the face of it the proposed governance model appeared much simpler than the mixed approach adopted for England another tier of government/ administration would be created in Scotland. The opportunities for addressing local aspirations also appeared to be less than that offered by the English model. Members would continue to receive updates as the Bill progresses through the Scottish Parliament.

Council Tax Referendums: The report informed Members of the key principles,

arrangements and procedures with regard to the new requirements for authorities to conduct Council Tax Referendums in relation to an authority’s council tax increase in 2012/13 if the amount set by the authority exceeded the council tax excessiveness principles applying to that year. The Secretary of State had set out the council tax principles that would apply for 2012/13 and principal authorities and major precepting authorities would be required to seek the approval of their local electorate in a referendum if, compared with 2011/12, they set a council tax increase that exceeded 3.5%. The result of a council tax referendum would be binding. If the referendum rejected the authority’s increase, then substitute calculations would take effect; authorities would then have discretion to issue new bills immediately, offer refunds at the end of the year or allow credits the following year - subject to a right for council taxpayers to request a refund on demand. If a major precepting authority set an excessive council tax increase, multiple referendums would be held in relation to that increase in several billing authority areas - and those referendums must be held on the first Thursday in May.

LOCAL ISSUES: Unwanted Fire Signals - Unwanted fire signals generated by the Hull and East Riding

Hospital Trust continued to be a cause for concern. Traditionally hospital staff immediately called the fire and rescue service when a fire alarm was activated and they had been reluctant to adopt the national Chief Fire Officers’ Association (CFOA) policy on call filtering. The Chief Fire Officer & Chief Executive had recently met with the Trust’s Chief Executive and had very constructive discussions on how it might be possible to reduce unwanted fire signals without compromising the safety of patients or staff. An agreement was reached to work in partnership to progressively manage unwanted fire signals down to an acceptable level.

Extrication Challenge – The Service would host the Regional Road Traffic Collision

(RTC) Extrication Challenge for the first time on 14 July 2012. Teams from Humberside and Yorkshire would demonstrate their prowess in RTC extrication. The competition stimulated crews to develop their extrication skills, raised awareness


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amongst the public and promoted a positive image of the Service. In the past such competitions had been open to the public but in reality most spectators had been from the fire and rescue service. To improve access to the wider community the event would be held during Rescue Day at Seven Lakes, Crowle which was likely to attract more than 20,000 visitors.

Resolved – That the content of the report be noted. 3779 BUDGET 2012/13 AND PRECEPT AND MEDIUM-TERM FINANCIAL PLAN 2012/13 TO 2014/15 – The Director of Finance/Section 151 Officer submitted a report considering the Authority’s Budget for 2012/13 onwards and also the setting of the precept for 2012/13. The report had been prepared in accordance with the Local Government Finance Act 1992 as amended by the Localism Act 2011 (Sections 72 to 79) to allow the Authority to approve:

• The Council Tax Requirement for 2012/13 [Section 42A(4)];

• The Council Tax Base figure for 2012/13 [Section 42B]; and

• The basic amount of Council Tax for 2012/13 [Section 42B]. The report also complied with the Local Government Act 2003 and would allow the Authority to approve:

• The financial spending plans that are necessary to support the Authority’s activities [Section 25(1)(a)]; and

• Maintenance of adequate reserves and provisions [Section 25(1)(b)]. A series of reports had previously considered the Authority’s budget for 2012/13 onwards and reports had recently been submitted to the September and December 2011 round of meetings. Four key issues had been clarified since the December 2011 report and where applicable were now incorporated into the budget contained within the report. The key areas were as follows:-

• Confirmation of Band D equivalent figures and Collection Fund Surpluses had been received from the 4 Unitary Authorities in the Humberside area;

• The council tax/precept referendum trigger level had been outlined by the

Department for Communities and Local Government (CLG). For Fire and Rescue Services in England, any year-on-year increase in precept above 4% would automatically trigger a local referendum before approval could be granted.

• 2012/13 Capital Grant allocation from CLG had been confirmed as £1.34m; • The Final Formula Grant notification (Local Government Finance Settlement) for

2012/13 had been issued on 31 January 2012 and was unchanged from the provisional notification issued on 8 December 2011.

The revenue budget for 2012/13 onwards had incorporated all known changes that were likely to give rise to a financial impact. The Capital Programme in Appendix B to the report was based largely on the Vehicles/Equipment, Premises and IT Asset Management reports approved by the Authority on 13 December 2011. The report indicated that the Authority could set a balanced budget for 2012/13 but advised Members should not to lose sight of some of the significant challenges and uncertainties that lay ahead, most notably:

• 2013/14 and 2014/15 funding from Government;

• Localisation of Council Tax Benefit and the localisation of Business Rates from 2013/14;


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• The delivery of Strategic Plan 2011-14 and Integrated Risk Management Plan

(IRMP) 2011/12 efficiencies agreed on 4 March 2011;

• Community Budget pilots commencing and concluding in 2012. With regard to the 2012/13 Precept the Localism Act 2011 included powers to abolish

Whitehall capping in England and instead give local residents the opportunity to veto ‘excessive’ council tax increases. In the Local Government Finance Settlement issued on 8 December 2011, the Government had laid out its intention to require Fire and Rescue Authorities to seek the approval of the local electorate in a referendum if their 2012/13 precept increased by more than 4% of their 2011/12 precept. Those arrangements were confirmed in the Final Settlement issued on 31 January 2012. With that in mind, the report offered Members 3 possible options for consideration for the 2012/13 precept as discussed at the Member Day on 13 January 2012:

Option 1: Freeze the 2012/13 precept at the 2011/12 level, i.e. no change. This would attract ‘compensation’ from the Government in the form of a one-off grant equal to a 3% increase in precept (for Humberside Fire Authority this would be £677k). As previously outlined in the December 2011 report, this course of action when compared to say a 2% increase for 2012/13 would result in lower funding of £703k over the period 2012/13 to 2014/15. Appendices A1, C1 and D1 to the report outlined the budget projections associated with this option.

Option 2: Increase the precept by 2%. This option as outlined above was inside the

referendum trigger put forward by Government and offered an additional £703k in funding over the period 2012/13 to 2014/15 when compared to Option 1. Appendices A2, C2 and D2 to the report outlined the budget projections associated with this option.

Option 3: Increase the precept by 3.5%. This option was also inside the referendum

trigger put forward by Government and offered an additional £1.737m over Option 1 (Freeze option), or an additional £1.034m over Option 2 (2% increase option). Those comparisons were all over the 2012/13 to 2014/15 period and used 2% increases in years 2013/14 and 2014/15 in order to allow a consistent comparison. Appendices A3, C3 and D3 to the report outlined the budget implications associated with Option 3.

The Authority’s reserves consisted of the General Reserve (£5.038m at 31 March

2011) and a number of Earmarked Reserves created to meet specific areas of future expenditure. The report created two further earmarked reserves to support the Authority’s plans over the next 2-3 years as follows:

• Wide Area Network (WAN) Reserve: £1.75m – created to meet potential additional annual costs of a major update to the Authority’s IT infrastructure. A specification for the WAN would be completed in late January/early February 2012 and then tenders would be invited. The Earmarked Reserve aimed to cover costs of a WAN upgrade for circa 5 years.

• Property Maintenance Reserve: £1.1m –created to partially contribute to the costs of the Clough Road Fire Station rebuild.

The Authority’s reserves were kept under continuous review and the Prudent Minimum General Reserve (PMGR) was reviewed annually at the September Fire Authority. Section 25 of the Local Government Act 2003 specifically required the ‘Chief Finance Officer’ (which for Humberside Fire Authority is the Section 151 Officer) to report on the robustness of the estimates, the adequacy of reserves and the budget monitoring arrangements in place when determining a budget requirement and precept for a given financial year. The Section 151 Officer confirmed as follows:


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• Robustness of estimates: that the budget estimates had been compiled on a robust and prudent basis.

• Adequacy of reserves: that the current reserves held by the Authority are

adequate. This position is kept under continuous review and any material changes will be reported to Members.

• Budget monitoring arrangements: that the Authority had timely and robust budget

monitoring arrangements. The proposal was to again issue monthly management accounts and Prudential Indicators to all Members and Corporate Management Team (CMT) within 10 working days of the previous month end, commencing for the period ending 31 May in the financial year.

A similar report had previously been submitted to the Audit, Performance and Scrutiny Committee at its meeting held on 31 January 2012 (Minute 3759 refers). A Member referred to the possible use of reserves and stated that when they have been used they would no longer be available and suggested that the one-off grant referred to in Option 1 was a bit of a misnomer. A Member referred to Option 1 and queried whether the ‘compensation’ from the Government in the form of a one-off grant equal to a 3% increase in precept (£677k) would be clawed back in subsequent years. The Director of Finance/Section 151 Officer confirmed that the Authority would hold on to that payment. The Chairperson reminded Members that the Authority still did not know what the financial situation would be in Years 3 and 4. Moved by Councillor Moore and Seconded by Councillor Walker – “That Members approve Option 3: Set the 2012/13 precept at a level 3.5% higher than 2011/12 and approve Appendices A3, B, C3 and D3 to the report”. Moved by Councillor Waltham and seconded by Councillor Engall as an amendment – “That Members approve Option 1: Freeze the 2012/13 precept at the 2011/12 level and approve Appendices A1, B, C1 and D1 to the report”. Upon being to put to the vote the voting on the Amendment was: For – 12 Against – 7 Amendment Carried Upon being put to the vote the voting on the Substantive Motion was: For – 12 Against – 4 Abstained – 3 Substantive Motion Carried Resolved - That Members approve Option 1: Freeze the 2012/13 precept at the 2011/12 level and approve Appendices A1, B, C1 and D1 to the report. 3780 TREASURY MANAGEMENT AND CAPITAL EXPENDITURE PRUDENTIAL INDICATORS, TREASURY MANAGEMENT POLICY STATEMENT 2012/13 AND MINIMUM REVENUE PROVISION (MRP) FOR 2012/13 –The Director of Finance/ Section 151 Officer submitted a report setting out the Prudential Indicators for Treasury Management and Capital and the Treasury Management Policy Statement proposed for adoption for the financial year 2012/13. The Authority’s Constitution required that the Policy Statement shall be approved by the full Fire Authority and that responsibility could not be


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delegated. The report also outlined the recommended policy to be adopted in respect of creating the Minimum Revenue Position (MRP) for 2012/13, in line with the statutory requirements set out in The Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2008. In the light of the Icelandic situation in 2008, CIPFA had amended the CIPFA Treasury Management in the Public Services Code of Practice (the Code), Cross-Sectoral Guidance Notes and Guidance Notes and the template for the revised Treasury Management Policy Statement. The Fire Authority had formally adopted the revised Code on 15 February 2010. An updated version of the Code was published in November 2011 and the strategy statement had been prepared in accordance with the requirements of the new Code. The Director of Finance/Section 151 Officer drew Members attention to Indicator 10 which was a new indicator introduced in the 2011 Code but that there was a growing consensus that the indicator was not particularly meaningful and therefore CIPFA was consulting on changes currently. The report had been submitted to the Audit, Performance and Scrutiny Committee at its meeting to be held on 31 January 2012 (Minute 3760 refers

Resolved – That Members approve the Prudential Indicators for Treasury Management and Capital Expenditure as set out in paragraphs 15 and 16 of the report now submitted; the MRP calculated for 2012/13 at paragraph 18 of the report, and Appendices 1, 2 and 3 of the report as the basis for the Authority’s Treasury Management activities in 2012/13.

3781 MEMBERS’ ALLOWANCES 2012/13 - The Secretary/Director of People and Director of Finance/Section 151 Officer submitted a report reminding Members that the Fire Authority on an annual basis reviews the allowances paid to Members. The Authority had approved a scheme in October 2003 (Minute 987 refers) that allowances would be increased annually from 1 April in line with the local government officers’ pay award A full review was last undertaken during 2006/7 and reported to the March 2007 meeting of the Authority (Minute 1865 refers). The Regulations required that the Authority shall have regard to the recommendation of the Independent Remuneration Panels. The Fire Authority had frozen the Basic and Special Responsibility Allowances for the previous 4 years (2008/09-2011/12) but had agreed that for 2011/12 the global amount for the Basic Allowance and Special Responsibility Allowances be frozen on the understanding that some allowances might be adjusted following the Third Review of Corporate Governance. The allowances in respect to Travel and Subsistence were increased on an annual basis being linked to the national Joint Council award. The current scheme of allowances, as from 1 April 2011 was set out in Appendix 1 to the report. The Allowances were published online and were part of the Constitution. The report noted that the NJC had not increased car allowances since April 2010.

With regard to a scheme of allowances for 2012/13 Members were reminded that the system of allowances essentially reflected the older Authority and committee structure, pre the previous review of governance and the adoption of the Constitution. The focus of the Authority had changed, with increased responsibility, involvement and political leadership. The report also reminded Members of the discussions which took place in respect to the role of Chairs of Committees, under the Constitution and the Committee structure. That had significantly increased responsibility accordingly and the intention had been to move towards Chairs of Committees presenting minutes/meeting notes at meetings of the full Fire Authority. As such, Members decided that they might return to the issue of the remuneration of Chairs of Committees. The Secretary/Director of People remained of the view that the current scheme of Member allowances was aligned to the previous governance structure and suggested that Members might wish to revisit the allowances, perhaps adjusting allowances accordingly if the overall budget for allowances was to remain fixed. A previous report to the Authority had included a broad comparison of allowances paid to Members of other Fire Authorities. Those comparisons provided an indication that the Basic Allowance and Vice Chairs’ Allowance were greater than many, but the allowances for Chairs of Committees was low. However, it was difficult to draw comparisons, given different


8

governance structures and proposals arising from this Authority’s Third Review of Corporate Governance. One of the actions/workstreams arising from the previous review of corporate governance was the need to give further consideration to the alignment of allowances to performance and attendance. Given likely debate around the structure of the Fire Authority as part of the Third Review of Corporate Governance, it was suggested that the issues of future allowances should be captured as a consequence of decisions around that review. There was a requirement under the Regulations, to publish on 1 April (or as soon as practicable thereafter) the allowances paid to Members for 2011/12 and in addition, the new Scheme (2012/13) would be published.

Resolved – That the allowances be frozen at their current level for 2012/13 as set out in Appendix 1 to these minutes.

3782 FEES AND CHARGES 2012/13 – The Director of Finance/Section 151 Officer submitted a report setting out the fees and charges to be levied by the Fire Authority during 2012/13. Details of revised Special Service Charges were set out in Appendix A and revised fees for Divorce Case Enquiries and Settlements regarding Pensions were set out in Appendix B. Resolved Unanimously – That the revised fees and charges shown in Appendices A and B be approved with effect from 1 April 2012. 3783 CONSULTATION - THE FIRE AND RESCUE SERVICE FRAMEWORK FOR ENGLAND – The Chief Fire Officer & Chief Executive submitted a report on a consultation on a draft National Framework issued by the Coalition Government and reflecting current Government policy in a fire and rescue context. The Fire and Rescue Services Act 2004 required the Government to publish a National Framework and fire authorities were required to have regard to it when setting their priorities. It was therefore an important document. The report summarised the key features of the draft National Framework to assist Members to contribute to the consultation process which would close on 19 March 2012. The Corporate Management Team would be responding to the consultation document and a draft response to the consultation questions was attached at Appendix 1 to the report. Members’ views were invited and it was intended to give Members an opportunity to debate the document at the next Member Day on 2 March 2012. A copy of the full consultation document was set out in Appendix 2 to the report. A Member referred to Chapter 2 of the Consultation document and arrangements for scrutiny and sought clarification. The Secretary/Director of People stated that a report had been submitted to the Governance and Standards Committee on that issue at its meeting on 17 January 2012 (Minute 3743 refers) and stated that he thought that what would come forward was clearer working with ’home’ authorities, although the Consultation document was not prescriptive about arrangements for scrutiny. A Member referred to paragraph 1.22 of the document and queried whether the use of military assistance had been ruled out. The Chief Fire Officer & Chief Executive stated that the Service could call on military assistance for a range of civil emergencies which were not national (i.e. spate flooding as occurred locally in 2007) but that the view of the Department for Communities and Local Government (CLG) was that Services should not look to rely on military assistance in its resilience planning arrangements. Resolved – That Members consider the report and forward their comments to the Chief Fire Officer & Chief Executive who will prepare a consultation response after the Member Day on 2 March 2012.

3784 STRATEGIC AND INTEGRATED RISK MANAGEMENT PLANNING – The Chief Fire Officer & Chief Executive submitted a report reminding Members that the refresh of Strategic Plan 2011-14 and the Integrated Risk Management Plan (IRMP) 2011-12 was required by 31 March 2012. It was therefore timely to take the opportunity to review the context, content and structure of the IRMP in order to outline and reinforce the synergies between the Strategic Plan, Medium Term Financial Plan (MTFP), Annual Performance


9

Report, Organisational Vision and Service processes for managing the strategic and organisational route map and step changes to deliver the future vision for the Service. Members were also reminded that the Service had in place an approved Business Planning Framework, which remained relevant. The report provided background information regarding the planning framework principles endorsed by the Corporate Management Team (CMT) for the Strategic Plan and IRMP. The draft Fire and Rescue National Framework clearly stipulated the requirement placed upon fire and rescue authorities to produce an IRMP and clearly defined the required content. That had been taken into account in the outline planning assumptions detailed within the report. The Strategic Plan and MTFP would continue to be refreshed annually to provide the necessary structure and resourcing to move the Service in the necessary direction to meet the longer-term Vision. The IRMP formed an integral part of the Service’s Business Planning Framework and it was proposed to better align the IRMP in terms of synergy with the Strategic Plan and MTFP. The IRMP would be a community/stakeholder facing document that clearly articulates the risk analysis of the HFRS area, including bordering risks and national risks that might affect the area. The IRMP would contain an appropriate level and depth of information to provide a Service overview and meaningful risk analysis for local communities (Unitary and Neighbourhood levels) to consider. The content of the Plan would be based upon national and local risk assessment (National and Community Risk Registers), socio economic and demographic profiles, statistical analysis and industrial and commercial profiles. The Authority’s community risk analysis was developed utilising external intelligence and internal analysis and modelling tools (FSEC, Mosaic, and Phoenix). The life of the Authority’s IRMP had historically been for a fixed three year period (with the exception of the current 2011/12 IRMP). It was considered appropriate to produce a more flexible and dynamically evolving IRMP, in line with the approach taken for the Strategic Plan and Mid Term Financial Plan (MTFP). The IRMP would continue to be reviewed annually, but rather than be for a fixed period, it would become a more dynamic 3 year forward looking Plan, and therefore would become better aligned with the Strategic Plan and MTFP.

The IRMP 2012/15 would provide an overview of fire and rescue related risks facing the Authority’s communities, including those bordering the Authority area and risks of a National nature and would also articulate how the Service would use its resources to mitigate those risks, in isolation or with others. It was proposed that information detailing performance outcomes/assurance and risk analysis would be signposted within the IRMP to information available via the Service website, such as the Annual Performance Report, rather than seeking to wholly encompass broad geographical data within a single IRMP document. Printed copies would be made available as appropriate. Use of the Service website was therefore critical in informing communities of underpinning detail relating to risk analysis, graphical and statistical data and assurance information. The report set out the proposed headline information that would be contained in the IRMP.

A Member referred paragraphs 18 and 19 of the report and the use of the website for

communicating information and pointed out that not everyone had access to a computer and queried what arrangements would be made for the public to access a hard copy of the information. The Chief Fire Officer & Chief Executive stated that the Communications Section had substantial contacts for communicating with community groups. The Secretary/Director of people confirmed that a hard copy of the information could be made available on request. A Member suggested that it might be helpful to consult communities through Town and Parish Councils and suggested that the Authority might notify Parish Councils that if they require an update they can request one. The Chairperson stated that Councillors who were also members of Parish Councils could take that suggestion back to their own councils.

Resolved – That Members endorse the planning principles detailed within the report

now submitted and take assurance from the proactive approach taken.

(Councillor Jefferson J.P. arrived at 11.14am)


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3785 THIRD REVIEW OF CORPORATE GOVERNANCE – FIRE AUTHORITY STRUCTURE - The Secretary/Director of People submitted a report on the Third Review of Corporate Governance. The report was a culmination of a series of discussions at Member Days, alongside the Policy and Executive and Governance and Standards Committees. The report captured the debate which had taken place, which had focused upon an enhanced Fire Authority governance structure that would be well placed to meet the challenges ahead. Provided Members approved the recommendations in the report and determine the outstanding issues/options, then at the April 2012 meeting of the Authority there would be a fresh Constitution ready for approval. That would mean that the new governance structure would be fully operational for the 2012/13 Fire Authority. A copy of the paper circulated for the Member Day on 13 January 2012, which set out broadly the rationale for the proposed enhanced governance structure was attached at Appendix 1 to the report for ease of reference.

Since the Member Day on 13 January 2012 the Governance and Standards Committee at its meeting on 17 January 2012 had discussed the Third Review (Minute 3744 refers). In addition, the outcomes of the consultation upon the Government response to the future of local audit consultation had been published and there would be no requirements regarding local Audit Committees, including the composition of such committees. A further issue had however arisen and that was with regard to current Independent Co-opted Members playing a future role regarding a Member Code of Conduct. Advice had been received by the Association of Council Secretaries and Solicitors that former members of Standards Committees would be ineligible to become independent persons under a new regime for five years. Under section 28(8) of the Localism Act 2011 a person is not independent if they are or have been within the five years preceding their prospective appointment a co-opted member. In practice this might not impact the proposed structure, given that joint arrangements were proposed and it would be opportune to refresh co-opted independent members, particularly with a current vacancy and imminent retirement.

With regard to particular options and issues it was noted that the Localism Act 2011 permitted all Authorities to adopt governance arrangements which meet their needs. This had always been the case for Fire Authorities and smaller District Councils. It would seem that a small number of Councils were already moving away from Cabinet-type structures, towards more committee-type approaches. The report also commented on issues relating to the following:

• Timing of a Governance, Audit and Scrutiny Committee - The proposal was that this Committee would meet in advance of the Fire Authority. It would receive papers seeking Fire Authority decisions for review and comment back to the Authority. The Committee would not be a decision maker, but simply passing any comment, perhaps within a prescribed range of possible responses, which would be non-political (therefore AGM matters by way of example would not go before such a Committee). This would allow the Authority to take into account any views. This would also allow Officers to do likewise, reflecting such views in a final report.

• Committee Composition - There is no requirement for such a Committee to

comprise co-opted Independent Members only. However, if the Authority is to be the sole decision making forum, then the Authority might benefit from co-opted Independent Members only, albeit refreshed and perhaps dovetailing if feasible with Constituent Authority arrangements. There is a caveat however around the Fire Authority being made fully aware of key issues around performance and audit, and ensuring that all Members have a clear sight of and opportunity to challenge and review. This could be captured by the elevation of red/significant issues to the Authority (part of the quarterly reporting on themed issues) and a quarterly report presented by the committee.


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A Member referred to recommendation 2.4 regarding exploring joint arrangements for dealing with complaints under a future Member Code of Conduct and stated that the Localism Act 2011 gave no guidance on it. The Secretary/Director of People stated that the Local Government Association had voiced its intention to produce a voluntary National Code and procedures and that recommendation 2.4 was written in the way it was because it was too early to say that there would be a voluntary Code. The Secretary/director of People also reminded Members that the Authority had had very few cases of complaints under the Code of Conduct and that opportunities for closer working with neighboring authorities would be helpful. Resolved – (a) That Members approve the recommendations in the report as set out below to be implemented from the Annual Meeting of the Authority in 2012 but that such approval does not mean that Appendix 1 to the report is approved:

(i) The full Authority becomes the sole decision making forum (other than where the Authority decides to set up a panel or committee, including in respect to future standards of conduct);

(ii) The Policy and Executive Committee is abolished; (iii) The Governance and Standards Committee is abolished; (iv) Joint arrangements are explored with Constituent Authorities and

neighbouring Fire Authorities in respect to the dealing with of complaints under a future Member Code of Conduct;

(v) The current Audit, Performance and Scrutiny Committee enhances its role to

include good governance. The Committee becomes a Governance, Audit and Scrutiny Committee;

(vi) The schedule of meetings of the Fire Authority increases to reflect the proposed governance structure, which is suggested to be eight plus AGM;

(vii) The schedule of meetings of a Governance, Audit and Scrutiny Committee

would reflect that of the Fire Authority (other than the AGM);

(b) the April 2012 meeting of the Fire Authority shall receive an amended Constitution for approval, setting out the revised governance arrangements including draft committee terms of reference. 3786 SERVICE PERFORMANCE REPORT FOR THE THIRD QUARTER PERIOD APRIL TO DECEMBER 2011 - The Chief Fire Officer & Chief Executive submitted a report highlighting the Service’s performance for the period 1 April–31 December 2011. Contained within the report were the Service’s own Performance Indicators (SPIs), which were underpinned by Local Performance Indicators (LPIs). The report detailed the Service Performance Indicators showing performance of actual against target and previous year performance against this year’s actual and also performance against intervention and availability standards, as well as an additional section showing the number of rescues performed by type during the quarter. The performance was summarised as set out in the Table below. Service Performance Indicator

Actual Against Target Actual Against Previous Year Actual

SPI 1 – Total Number of AFA’s 4% worse than target 10.7% better than previous year SPI 2 – Total Accidental Dwelling Fires 5% better than target 12.2% better than previous year SPI 2a – Total Other Accidental Fires (excluding Vehicles)

4.6% better than target 2.8% better than previous year

SPI 3 – Total Deliberate Primary Fires 24.8% better than target 16.8% better than previous year SPI 4 – Total Deliberate Secondary Fires 8.8% better than target 8.1% better than previous year SPI 5 – Total Fatalities 6 fatalities against aspirational

target of zero 8 fatalities for the period in the

previous year


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Service Performance Indicator

Actual Against Target Actual Against Previous Year

Actual SPI 6 – Total Non-fatal Casualties 44 Non-fatal Casualties against

aspirational target of zero 43 Non-fatal Casualties for the

period in the previous year SPI 16a - Standard of First Appliance in Attendance is met

9% better than Target 1.2% better than previous year

SPI 16b - Standard of Second Appliance in Attendance is met

12% better than Target 1.8% better than previous year

Availability Performance Measures

Actual Against Target Actual Against Previous Year Actual

WT Crewing Achieved on 95% of Shifts 100% crewing achieved Not Available RDS 1st Appliance Availability – 95% Target 2.4% better than Target 3.6% better than previous year RDS 2nd Appliance Availability – 80% Target 1.5% better than Target 1.1% better than previous year

The performance was encouraging regarding SPI3 “Deliberate primary fires”, which were property fires in dwellings; commercial properties, and also deliberate fires of all other types. Whilst it was difficult to attribute that to specific prevention activity it did highlight the efforts being made in Community Protection Units (CPUs), particularly against a backdrop of recession during which increases in deliberate fires are normally expected. SPI 2a – Total other Accidental Fires (excluding Vehicles) performance had improved in the 3rd quarter and was currently 4.6% better than target. Further detail on that and other indicator performance was contained in the body of this report. The report had been submitted to the Audit, performance and Scrutiny Committee on 31 January 2012 (Minute 3766 refers). A Member referred to paragraph 7 and sought clarification regarding the application of ‘seasonal’ adjustments in the comparative data and also queried why 2 different graph formats were used as he found it somewhat confusing. The Chief Fire Officer & Chief Executive confirmed that the data was compared on a month by month basis and that the graph style of future reports could be looked at if Members so wished. Resolved – That Members note the report’s detail and take assurance from the Service’s proactive approach to performance management, and 3787 OPERATIONS (INCIDENTS OF SPECIAL INTEREST) - The Deputy Chief Officer/ Director of Operations submitted a report outlining details of incidents of special interest for the last quarter as set out in Appendix 1 to the report. The performance of the Directorate in respect of response standards was reported under Agenda item 16 (Minute 3786 above refers). A Member queried whether it was known if the new low propensity cigarettes were considered to be a cause of any of the fires reported. The Deputy Chief Officer/Director of Operations stated that he did not have that information but that as the new regulations had only recently come into force it was likely to be some time before the old style cigarettes were no longer on shop shelves. A Member referred to the incident at 42 Denys Close, South Killingholme and queried whether the follow up visit referred to in the report had been carried out. The Deputy Chief Officer/Director of Operations stated that the visit should have been carried out by now and he would check and obtain the information for Members. The Chairperson suggested that it would be helpful if future reports could indicate whether persons involved in fire incidents were within a vulnerable group.

Resolved – (a) That Members note the contents of the report as a quarterly update of incidents of special interest, and

(b) that future reports should indicate whether persons involved in fire

incidents were within a vulnerable group.


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3788 CORPORATE RISK/OPPORTUNITY MANAGEMENT - The Secretary/Director of People submitted a report reminding Members that the Authority’s performance and risk management processes had now been combined in to a single framework. The existing format for risk registers had been refreshed and a new automated approach using the Service’s information portal would be used, which would vastly improve current approaches to risk creation, risk review, risk referral, risk removal and action planning. The automated approach would be demonstrated at the next Member Day on 2 March 2012. A copy of the Strategic Risk Register was attached at Appendix 1 to the report. The Register was also available on the Authority’s website and should Members wish to receive hard copies of some or all of the associated Action Plans, then that can be arranged. Members were asked to review the Strategic Risk Register and to provide an assurance that Members consider that the Register properly reflects the key issues facing the Authority. In addition, through the Committee structure (particularly the Audit, Performance and Scrutiny Committee), Members should be satisfied that the Action Plans were effective and appropriate steps were being taken to further embed and resource corporate risk management. Members were also asked to use the Strategic Risk Register as a tool to drive (in part) the agenda and discussions at the Fire Authority meetings.

Resolved – That the report be noted and that Members take assurance from the progress in the effective use of risk management. 3789 EXCLUSION OF PRESS AND PUBLIC – Resolved – That the press and public be excluded from the meeting during consideration of the following item (Minute 3735) on the grounds that it is likely to involve the disclosure of exempt information as defined in paragraphs 1, 2 and 3 of Part 1 of Schedule 12A of the Local Government Act 1972.

(In making its decision the Authority confirmed that having regard to all the circumstances it was satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information). (Councillor Wells declared a personal interest in the following item (Minute 3790) and stated that given he had no involvement with company concerned he would remain for the discussion and voting on that item). 3790 INCOME GENERATION – SUBMISSION OF TENDER – The Deputy Chief Officer/ Director of Operations, Secretary/Director of People and Director of Finance/Section 151 Officer submitted a report reminding Members that at the Member Day of 16 January 2012 the potential for income generation opportunities was discussed. Whilst cognisant of the fact that this was not a constituted meeting of the full Authority, Officers had progressed on the basis of the broad steer that emerged from the Member Day. The report, therefore, sought to update Members on the current position regarding a proposed bid to provide on-site emergency service cover at an industrial site in the area and seeking approval for the necessary actions in order to constitute and ‘pump prime’ the proposed HFR Solutions Community Interest Company in readiness for trading commencing on 1 April 2012. Members were reminded of the changes brought about by the introduction of the Localism Act 2011 which have been previously reported to the Authority and its Committees on a number of occasions in the run up to enactment of the Localism Bill. One of the key changes therein was the ability of Fire Authorities to set up trading companies which would allow them to trade formally on a ‘for profits’ basis for the first time, subject to such trading activities not being carried out to directly fund statutory fire and rescue service activities. As a result of that change and in line with its Strategic Plan, HFRS had set up a form of trading company known as a Community Interest Company or ‘CIC’ which, as the name suggested, provided the necessary mechanism for the Service to trade, with its net surplus being reinvested into social purposes, in the Authority’s case, community safety. Members were also reminded that the Service had shown considerable ambition in the on-going process of developing the 2020 Service Vision, and that in order to achieve that ambition the cornerstones of effectiveness, flexibility and value for money would need to be in place. The


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creation and success of the CIC would strongly support the achievement of the Vision in this regard as well as facilitating the cultural change in the Service that was necessary for it to operate effectively into the future. Also income generation was strongly supported during the engagement and then consultation in respect to the approval of the Strategic Plan 2011-14. In 2011 the Service had been approached by an industrial company in the area for assistance in re-assessing their on-site emergency service provision and training with a view to significantly improving these services as well as the health and safety practices in their operations. As a result of the Service’s existing and historical relationship with company a consultancy service was offered which outlined how a fundamentally different and effective emergency service might look on their site. As a result, the company decided not to renew the contract of their existing providers and decided to seek tenders for their on-site emergency services provision. Following the Member Day briefing on 13 January 2012 and given the tight timescales to react to the tender, CMT had prepared and submitted a bid for this contract via its newly constituted CIC, HFR Solutions. The bid submission closing date was 6 February 2012 and the result of the process would be known on 20 February 2012 with a need to commence the service on-site on 1 April 2012.

Resolved Unanimously – That Members -

(i) endorse the work done to date in preparing the Service to trade formally from 1 April 2012 through its Community Interest Company (CIC), HFR Solutions;

(ii) endorse the submission of a tender in respect to on-site emergency service

provision for the company named in the report via HFR Solutions; (iii) approve a loan to the Company on the basis set out in paragraph 15 of the

report, and (iv) approve the giving of a guarantee in respect to the performance of the

Company. 3791 COMBINED OPERATIONAL TRAINING AND MAINTENANCE FACILITY – The Director of Finance/Section 151 Officer and Deputy Chief Officer/Director of Operations submitted a report seeking approval to purchase or lease a specific facility located in Hull to be used as the Authority’s Combined Operational Training and Maintenance Facility.

Moved by Councillor Waltham and seconded by Councillor Hornby

“That the matter be deferred and that the Authority approaches other authorities in the area regarding a possible collaborative venture”

Moved by Councillor Moore and seconded by Councillor Gardiner as an amendment

“That the Director of Finance/Section 151 Officer and Secretary/Director of People are granted approval, in consultation with the Chairperson of the Authority, to secure the freehold purchase or an annual lease of the property referred to in the report on the basis now agreed”.

Upon being to put to the vote the voting on the Amendment was: For – 16 Against – 2 Abstained – 2 Amendment Carried Substantive Motion Carried

Resolved – (a) That the Director of Finance/Section 151 Officer and Secretary/ Director of People are granted approval, in consultation with the Chairperson of the


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Authority, to secure the freehold purchase or an annual lease of the property referred to in the report on the basis now agreed, and

(b) that a further report be submitted to the Authority if the scheme is not cost-neutral.

3792 APPOINTMENT OF ASSISTANT CHIEF FIRE OFFICER – Further to Minute 3754 the Chief Fire Officer & Chief Executive reported that the Policy and Executive Committee on 20 January 2012 had agreed that subject to ratification by the full Fire Authority Mr C Blacksell, be appointed as Assistant Chief Officer effect from 13 February 2012. A Member expressed concern at the processes adopted for making the appointment and stated that there was confusion in that some Members believed that the appointment would be made by the Appointments Committee, as in the case of the Chief Fire Officer & Chief Executive and Deputy Chief Officer, and not the Policy and Resources Committee for which substitutes were not permitted. The Member also expressed concern as to the timing of the decision to take the appointment to the Policy and Executive Committee on 20 January 2012 when Members had previously been informed that that meeting had been cancelled due to a lack of business. As a consequence of all that confusion 1 Member had indicated that he was not available and the proposed Substitute Member considered that he was ineligible to attend. The Member also commented that the way in which the appointment was reported in the in-house publication ‘Siren’ added to the confusion regarding the appointments process. The Monitoring Officer stated that the Constitution allowed for the attendance of Substitute Members which was why the Labour Group Secretary had been contacted and asked to appoint a Substitute, and that the arrangements for the appointment to be considered by the Policy and Executive Committee on 20 January 2012 had been agreed in consultation with the Chairperson of the Policy and Executive Committee following the decisions at the Special Meeting of the Fire Authority on 13 January 2012, bearing in mind that Members had previously agreed that there was a need to make the management appointments as soon as possible The Monitoring Officer explained that the publication ‘Siren’ was deliberately written in plain English to make it more user friendly. Resolved – That Members ratify the appointment of Mr C Blacksell, as Assistant Chief Fire Officer with immediate effect. Meeting closed at 12.25 p.m.


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17

Appendix 1 PART 6

MEMBERS’ ALLOWANCES SCHEME

The Local Authorities (Members’ Allowances) (England) Regulations 2003 made provision

for Combined Fire Authorities to establish Member Allowances Schemes from May 2003. The HFA approved a scheme in October 2003 that allowances would be increased annually from 1 April in line with the local government officers’ pay award. It was also resolved that a full review should be conducted after 4 years.

A review was undertaken during 2006/7 and reported to the March 2007 meeting of the

HFA. The Regulations require that the HFA shall have regard to the recommendation of the Independent Remuneration Panels.

The HFA at its meeting on 13 February 2012 agreed that the allowances be frozen at their current level for 2012/13 as set out below

£ 1. Basic Allowance (per annum) All Members 4,457 2. Special Responsibility Allowances: a. The Chair of the Authority 11,137 b. The Vice Chair of the Authority 8,356

c. The Chairs of Committees 561 3. Co-optees Allowance (per annum) 548 4. Childcare & Dependant Carer Allowances (per hour) a. Childcare 5.80 b. Dependant 10.40 5. Travel Allowances a. Car Allowances – In accordance with the National Joint Council

for Local Government Services casual user rate:

Up to 999cc 0.469* Over 999cc 0.522* (up to first 8,500 miles per annum, thereafter £0.144*) b. Bicycle (per mile) 0.05 c. Public Transport Actual Cost 6. Subsistence Allowances

Actual cost not exceeding a. Breakfast – more than 4 hours before 11.00am 6.46 b. Lunch – more than 4 hours including 12noon to 2.00pm 8.92 c. Tea – more than 4 hours including 3.00pm to 6.00pm 3.50 d. Dinner – more than 4 hours ending after 7.00pm 11.03 e. Overnight (covering 24 hours) London # 136.40 Outside London 120.42 f. Out of Pocket Expenses (per night) 4.92

(# Includes Local Government Association and Annual Fire Conferences overnight attendances outside London.)

Note: * Not increased by NJC since 1 April 2010


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Governance & Standards Committee 16 March 2012

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HUMBERSIDE FIRE AUTHORITY

GOVERNANCE AND STANDARDS COMMITTEE

16 MARCH 2012

PRESENT: Mrs J Clarke (Chairperson), Councillors Glew, Jefferson J.P. and Skow and Mr D Hughes and Mr J Jepson. Councillor Briggs and Mrs G Hardy, Independent Co-opted Member of the Audit, Performance & Scrutiny Committee attended as observers. Chief Fire Officer & Chief Executive, Assistant Chief Officer/Director of Safety, Secretary/Director of People, Director of Finance/Section 151 Officer and Committee Manager were also present. The meeting was held at Humberside Fire and Rescue Service Headquarters, Kingston upon Hull. Meeting commenced at 10.30 a.m. An apology for absence was submitted from Councillor Williams (2.Work commitments). (Prior to the meeting the Independent Members of the Committee met in private) 3793 DECLARATIONS OF INTEREST – There were no declarations. 3794 MINUTES – The minutes of the Committee held on 17 January 2012 were submitted. The Secretary/Director of People stated that following the publication of the draft minutes with the Agenda for the meeting of the Fire Authority on 13 February 2012 an Independent Co-opted Member had commented that Minutes 3750 and 3751 did not record that he had inspected the Registers. The Independent Co-opted Member had requested that further clarification as to Officers included in the Registers be submitted to this meeting and a separate report was included elsewhere on the Agenda for this meeting (Minute 3753 below refers). The Secretary/Director of People stated that he had informed the Fire Authority of the comments received and reminded the Committee that the minutes were draft until such time as they were approved as a correct record by the Committee. Resolved – That, subject to the following amendments, the minutes of the Committee held on 17 January 2012 be approved as a correct record and signed by the Chairperson :

Minute Amendment

Minute 3750 (Inspection of Member Registers)

Add “An Independent Co-opted Member stated that he had inspected the Member Registers at the conclusion of the Committee meeting held on 25 October 2011”.

Minute 3751 (Inspection of Officer Registers)

Add “An Independent Co-opted Member stated that he had inspected the Officer Registers at the conclusion of the Committee meeting held on 25 October 2011 and had asked which Officers were included in the Officer Register, and in view of the response given at that time sought further clarification at this meeting. The Secretary/Director of People, Committee Manager and Chief Fire Officer & Chief Executive explained that the Registers included declarations/disclosures by Officers of the Authority (i.e. Corporate Management Team), other employees and also with regard to contracts, disclosures by employees above a certain grade who might be in a position of influence with regard to contracts.

Agenda Item No. 7(a)


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3795 LOCALISM ACT 2011 AND GOVERNANCE RELATED UPDATE – The Secretary/Director of People submitted a report, further to Minute 3742, providing a comprehensive update in respect to the Localism Act 2011, the Opening Up Public Service White Paper and more general but linked governance issues, as follows: White Paper - Opening Up Public Services (OPS) - A response to the White Paper

was likely to be published during late March 2012. It was understood that the five principles (choice, accountability, decentralisation, diversity and fair access) remained key and OPS remained firmly on the agenda to 2015 and beyond. It was understood that discussions within the Cabinet Office recently had been around creating what was being described as a choice package, which would comprise choice for citizens, choice champions and some means of redress. The focus of OPS initially was around education, health and welfare. Going forward, there seemed to be a likely join up with the community budget pilots and the increased emphasis on payment by results. What all this would mean for a Combined Fire Authority was no clearer at present. It remained likely that services other than front-line firefighting might come under the OPS agenda or the Community Right to Challenge. In fact, it was conceivable that all services might fall under that agenda, but that might also present opportunities.

New Standards Regime - The new standards regime under the Localism Act 2011

would not come into being until 1 July 2012.

Code of Conduct - Members had received separately the following draft Codes: Draft Code of Conduct (not approved) produced by Local Government

Association (LGA) – Option 1;

Draft Code of Conduct (not approved) produced by LGA – Option 2;

(Both options were at this stage illustrative options)

A draft Code arising from the Association of Council Secretaries and Solicitors (ACSeS);

A draft Code shared by West Yorkshire Fire Authority;

Draft role description for Independent Persons.

The draft Codes were still under some review by the LGA and ACSeS. The problem at the moment was growing inconsistencies emerging. One region had already adopted a Code, but there were certain issues which still needed to be resolved, particularly around how such a Code was to be put into practice. It was suggested that Elected Members might wish to take a view as to what the Authority intends in respect to a Code of Conduct. Overall, the position regarding a national Code still needed to be clarified and that all Members might wish to consider and provide a view upon the draft Codes currently in circulation. An Independent Co-opted Member commented that it seemed obvious that there would be problems with the new regime if authorities adopted different Codes. The Secretary/Director of People stated that he would be more optimistic regarding commonality amongst Constituent Authorities and other authorities within the region if some discussion was taking place between Monitoring Officers but at present there was no such dialogue and suggested that it would be helpful if Elected Members could pursue the matter at their ‘home authorities’.

Joint Committee/Arrangements - One of the outcomes of the Third Review of

Corporate Governance was to explore joint arrangements, probably with greater synergy and efficiency being with Constituent Authorities, but perhaps alternatively neighbouring Fire & Rescue Services. Joint arrangements were first mooted last year, when the Localism Bill was taking shape, primarily around seeking an ‘in


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principle’ agreement around a common Member Code of Conduct. Now that the Localism Act 2011 had been passed into law and the Third Review of Corporate Governance was almost complete, a further approach had been made to the Monitoring Officers of the Constituent Authorities to explore joint arrangements. That of course was ultimately a political decision for Members at respective authorities, and Elected Members of the Committee (and the Authority) were encouraged to support that approach at their home authorities.

An Elected Member commented on discussions that had taken place at East Riding

Council and the concerns that had been raised regarding the way in which the new Standards regime was proceeding, and also the reliance placed on Independent Co-opted Members of its Standards Committee because of the number of parish and town councils within the East Riding area. An Elected Member queried whether there was sufficient time for the necessary changes to be put in place before the new regime came into place on 1 July 2012. An Independent Co-opted Member queried whether the new regime would have any implications with regard to the Independent Co-opted Member of the Audit, Performance and Scrutiny Committee. The Secretary/Director of People stated that the situation depended on the role of the new Governance, Audit and Scrutiny Committee and that if it was linked into the Standards regime the position would be the same as for Independent Co-opted Members of this Committee, but if the role only related to audit functions the new legislation would not apply.

Third Review of Corporate Governance – Further to Minute 3744 the report indicated that arising from discussions around the future governance structure of the Authority, this Committee would not continue under the next Authority (2012/13). The governance role would be subsumed by a new Governance, Audit & Scrutiny Committee. The draft terms of reference for that Committee would come forward to the Authority as part of a new Constitution for approval by the Authority at its April 2012 meeting. It was suggested that Members of this Committee might wish to make comment upon the current terms of reference and Members would have an opportunity to feed into the April 2012 meeting of the Authority. An Independent Co-opted Member queried how Members would be able to comment on the current terms of reference of this Committee as part of the consideration by the Fire Authority of the proposed revised Constitution. The Secretary/Director of people stated that there would be an opportunity through the Chairperson of this Committee to feed through any comments, as the Chairperson will have the opportunity in presenting the Annual report to the Fire Authority to comment on any specific issues.

10 Senior Officer Principles - ACSeS had recently produced 10 key senior officer

principles that the Association believe all Authorities should consider and adopt. The principles had been considered initially by Corporate Management Team, as set down below:

(1) One individual should be named as head of paid service. [CFO]

(2) One individual should chair the most senior officer team. Such chairmanship should not be arranged via a rotating chair, or a co-chairing arrangement. [CFO]

(3) The head of paid service should be the effective line manager for all other

senior staff, including other statutory officers. [CFO] (4) One individual should be responsible for ensuring advice to senior councillors

responsible for governance that is coherent, balanced and comprehensive. [Secretary/Monitoring Officer]


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(5) One individual should be identified to the public as the person to whom serious complaints should be directed. [Secretary/Monitoring Officer]

(6) One suitably experienced and credible individual must be identified as

suitable to take command in any serious civil emergency. [This will reflect the Principal Officer Rota – CFO/DCO/ACO]

(7) One individual should be identified to other councils, local MPs and to

government as the council’s most senior officer. [CFO] (8) Councils negotiate with many parties but Solace believes that there needs to

be an ultimate authority in every officer group to whom disputes and failure to agree over external negotiations can be escalated. [CFO]

(9) One officer should be clearly identified as the principal advisor to the most

senior politician in the council. This individual should not be classified as a political advisor under the provisions of legislation. [CFO] [Secretary/Monitoring Officer + S.151 Officer in respect to other roles]

(10) This same individual should also be responsible for ensuring that proper

advice is available to the other political parties represented on that council. [CFO] [Secretary/Monitoring Officer + S.151 Officer in respect to other roles]

An independent Co-opted Member commented that he had observed several

references to “responsibility” within the principles but no reference to “accountability”. The Secretary/Director of People stated that the idea behind the principles was to recognise the various roles of Officers. An Independent Co-opted Member asked what the intention of the principles was. The Secretary/Director of People stated that the principles were entirely discretionary but that it was his understanding that given the pilots around Elected Members the principles were aimed at providing some clarity between roles.

Register of Interests - The Localism Act 2011 continues the duties upon Monitoring

Officers to ensure that a Register of Interests is maintained. The Register will need to be published on the Fire Authority’s website and, as currently, be available for public inspection. Subject to any changes resulting from Regulations (there will be Regulations around the declaration of pecuniary interests and the criminal consequences of failure to declare), then it will be proposed to the Authority that the current scheme remains. The only necessary change is around dispensations, which currently would be granted through the Governance and Standards Committee. Dispensations would now need to be sent to the proper officer (which should be the Monitoring Officer) for action.

Pay Transparency - A full report would be submitted to the next meeting of the

Authority, but the issue of pay accountability was relevant to the role of this Committee. The need for a Pay Policy Statement was laid down by the Localism Act 2011. Essentially the Statement will detail remunerations and other benefits and allowances of the Chief Officers (which effectively is Corporate Management Team) to lowest paid employees (with a range being no more than 20 times according to the Secretary of State). Guidance has been issued last month by the Department for Communities and Local Government and Pay Policy Statements should be in place by April 2012.

Future Role of Independent Members - Members were reminded of the issue

resulting from the drafting of the Localism Act 2011 regarding the future role of Independent Members. It might have been an unintended consequence of the Act, but current Co-opted Members of Standards Committees will not be able to continue under fresh Standards-type Committees. The Association of Council Secretaries and Solicitors had taken legal advice on this issue. A change in Regulations will be


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needed to allow current Standards Committee Co-opted Members to continue in that type of role under the new Standards regime under the Localism Act 2011.

Resolved – (a) That the report be noted, and

(b) that a letter be sent from the Chairperson of the Fire Authority and the Monitoring Officer to the Constituent Unitary Authorities stating that at this meeting concerns were raised by Members at the lack of dialogue regarding the new Standards regime and that this Committee feels that joint discussions would be helpful going forward. 3796 COMMITTEE WORKSTREAMS 2011/12 AND ANNUAL REPORT TO HUMBERSIDE FIRE AUTHORITY - The Secretary/Director of People submitted a report indicating that following a review of its corporate governance, the Fire Authority had adopted a Constitution and a new Committee structure. Members were reminded that it was agreed that the first meeting of each Committee in a new cycle would receive a report which outlined broadly the substantive reports that Members, as a minimum, could expect to receive during the forthcoming year. An update of progress against the workstreams agreed by this Committee at its meeting on 7 June 2011was set out in Appendix 1 to the report. Under the Constitution each Committee was required to submit an Annual Report to the full Authority, essentially setting out how the Committee had discharged its functions. A copy of Article 8 of the Constitution setting out the functions of the Governance and Standards Committee was set out in Appendix 2 to the report. Members were reminded that a third review of the corporate governance arrangements of the Authority had been carried out and at its meeting on 13 February 2012 the Authority decided to adopt a revised governance structure with the full Fire Authority being essentially the sole decision making body and with a Governance, Audit and Scrutiny Committee undertaking a scrutiny role in advance of decisions being taken by the Authority. A revised Constitution would be submitted to the Fire Authority on 17 April 2012 for approval prior to the next Annual General Meeting. The Annual Report was submitted for review by the Committee prior to submission to the full Fire Authority on 17 April 2012, to be presented by the Chair of the Committee. Resolved – That, subject to general updating to take account of this meeting, the Annual Report be approved to go before the full Fire Authority on 17 April 2012. 3797 THE COMPOSITION OF THE FIRE AUTHORITY 2012/13 – The Secretary/Director of People submitted a report indicating that the size of the Fire Authority was agreed by the Constituent Authorities prior to 1995 as being 21 and that following a report to the Authority on 24 April 2009 providing details of the number of Registered Electors in each of the Constituent Unitary Authority areas Members decided on the basis of that report to approve the option of increasing the size of the Authority to 22 Members. The report now submitted provided an annual update in respect to the impact upon its composition arising from changes in the Register of Electors as at 1 December 2011. Appendix 1 to the report set out the changes in the registered number of electors in the Region as at 1 December 2011 compared to 1 December 2010. There were no changes which affected the proportionality for 2012/13. Resolved – That it be noted that the report will be submitted to the Fire Authority on 17 April 2012. 3798 MEMBER ATTENDANCE 2011/12 TO DATE - The Secretary/Director of People submitted a report, further to Minute 3745, setting out details of Member attendance at both formal meetings of the Authority and Member Days during 2011/12 for the period to 2 March 2012. The purpose of the report was to enable the Committee to monitor and review Member attendance at meetings of the Authority. Details of individual Member/ Independent Co-opted Member attendance at formal meetings up to 2 March were set out in Appendix 1 to the report. Details of attendance at meetings as an observer and also attendance at Member Development Days in 2011/12 were set out in Appendix 2. The Authority had


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adopted a system of recording reasons given by Members for non-attendance at meetings and agreed that the system should be monitored by this Committee. A summary of the use of the system up to 2 March was set out in Appendix 3. As previously agreed by the Committee the information would be forwarded to the political group leaders at the Constituent Authorities after consideration by this Committee. An Elected Member referred to Appendix 3 and commented that there appeared to be a duplication of an absence recorded. The Secretary/Director of People stated that the data would be checked. Resolved – That the report be received. 3799 REVIEW OF PROTOCOL FOR MONITORING OFFICER AND SECTION 151 OFFICER - The Secretary/Director of People submitted a report indicating that on 13 April 2010 the Committee had received a report in respect to the review of the Protocol for the Monitoring Officer and Section 151 Officer. The Committee decided to review the protocol around the Statutory Officers of the Authority on an annual basis, making any recommendations to the full Fire Authority as appropriate. Attached at Appendix 1 to the report was the protocol and the function of the Monitoring Officer as set out in the Constitution. Also attached at Appendix 2 was the function of the Section 151 Officer extracted from the Constitution. The protocol at Appendix 1 applied to both Statutory Officers. The report suggested that on the whole, the Members of the Authority understood the statutory roles, but that perhaps those roles could be promoted further on an annual basis. The roles were included as part of the induction of new Members. The Localism Act 2011 did not impact upon the statutory role of either Officer. In fact with the abolition of the current Standards regime, the role of the Monitoring Officer would, if anything, be extended, for example around a new Code of Conduct and declarations of interest. Resolved – That the protocols be confirmed. 3800 MEMBER DEVELOPMENT AND REGIONAL/SUB-REGIONAL UPDATE – The Secretary/Director of People reported orally, further to Minute 3747, that he had not received notice of any training events in the region but that going forward the Authority’s website portal might be developed to include details of future training opportunities. Resolved – That the report be noted. 3748 STRATEGIC RISK REGISTER - The Secretary/Director of People submitted a report, further to Minute 3748, reminding Members that the Authority’s performance and risk management processes had now been combined in to a single framework. The existing format for risk registers had been refreshed and a new automated approach using the Service’s information portal would be used, which would vastly improve current approaches to risk creation, risk review, risk referral, risk removal and action planning. The current Strategic Risk Register was attached at Appendix 1 to the report. The Register would be reviewed by Corporate Management team later in March 2012. The Register was also available on the Authority’s website and should Members wish to receive hard copies of some or all of the associated Action Plans, then that could be arranged. Members were asked to review the Strategic Risk Regi

Documents

HUMBERSIDE FIRE meeting AUTHORITY TUESDAY, 17 APRIL2012 …€¦ · S Dennis, District Auditor, Audit Commission, 3 Leeds City Office Business Park, Holbeck, Leeds ... Bridlington